ILR - 180days per year rule

[rudra2varma]

Hi,

I came to UK for the first time in Oct 2006 and travelled back to India on July 2008. I once again came to UK on May 2009 and been living in uk since then.

I heard with recent changed in UKBA rules, one can stay outside country for 6 months for a year. With this in mind,

1. will it be ok if i apply now by considering below years?
1. 1-Jan-2007 to 1-Jan-2008 - 10 Days of annual leave
2. 1-Jan-2008 to 1-Jan-2009 - 161 days of absence
3. 1-Jan-2009 to 1-Jan-2010 - 137 days of absence
4. 1-Jan-2010 to 1-Jan-2011 - 15 days of absence
6. 1-Jan-2011 to 1-Jan-2012 - 15 days of absence
7. 1-Jan-2012 to 1-Jan 2013 - 30 days of absence.

2. Will it be ok if i apply for ILR immediately?

3. One of my friend mentioned that i can consider the year based on the appointment date only i.e i need to back date the years from PEO appointment date. Is this true?

4. Do i need to get any letters from employer for these absences (all are below 180 days)?

Any help in this regard will be highly appreciated.

Regards

[UKBALoveStory]

Hi,

I came to UK for the first time in Oct 2006 and travelled back to India on July 2008. I once again came to UK on May 2009 and been living in uk since then.

I heard with recent changed in UKBA rules, one can stay outside country for 6 months for a year. With this in mind,

1. will it be ok if i apply now by considering below years?
1. 1-Jan-2007 to 1-Jan-2008 - 10 Days of annual leave
2. 1-Jan-2008 to 1-Jan-2009 - 161 days of absence
3. 1-Jan-2009 to 1-Jan-2010 - 137 days of absence
4. 1-Jan-2010 to 1-Jan-2011 - 15 days of absence
6. 1-Jan-2011 to 1-Jan-2012 - 15 days of absence
7. 1-Jan-2012 to 1-Jan 2013 - 30 days of absence.

2. Will it be ok if i apply for ILR immediately?

3. One of my friend mentioned that i can consider the year based on the appointment date only i.e i need to back date the years from PEO appointment date. Is this true?

4. Do i need to get any letters from employer for these absences (all are below 180 days)?

Any help in this regard will be highly appreciated.

Regards

You need to backdate from the date the application. e.g. if you are planning to apply on 9th Dec. 2013 then 5th year will be from 9th Dec. 2013 to 8th Dec. 2012.

[UKBALoveStory]

duplicate post removed

[rudra2varma]

Many thanks for the quick reply tahir. Do i need to get letter from employer for these absences?

[UKBALoveStory]

Many thanks for the quick reply tahir. Do i need to get letter from employer for these absences?

Strictly speaking yes. But there are many ppl in this forum who has a positive outcome without letters. (Assuming you are on Tier 1 General)

[rudra2varma]

I am Tier 2 general and i need to get letters from my past employer. Not sure how the format should look like for these absences.

[Amber]

Hi, I will be eligible for applying ILR by 20th Nov 2013 i.e i can split the my 240 days over two years into less than 180 days and 60 days.

do i need to take PEO appointment for ILR exactly on 20th Nov 2013 to back date for calculating continous period or will it be possible to take it before anywhere between 23rd oct and 20th Nov?

This is just to avoid english language requirement for my wife by applying before 28th Oct.

I hope i am clear with my question.

Any help in this regard will be much appreciated.

[rudra2varma]

Hi, I will be eligible for applying ILR by 20th Nov 2013 i.e i can split the my 240 days over two years into less than 180 days and 60 days.

do i need to take PEO appointment for ILR exactly on 20th Nov 2013 to back date for calculating continous period or will it be possible to take it before anywhere between 23rd oct and 20th Nov?

This is just to avoid english language requirement for my wife by applying before 28th Oct.

I hope i am clear with my question.

Any help in this regard will be much appreciated.

Amber, Could you please provide your advise on this? regards

[Amber]

If your absences are <180 days per 12 month period there shouldn't be an issue and no evidence should be required.

[rudra2varma]

What 60 days are you on about?

i am eligible for ILR by 21-Nov-13 with changed rule of <180days in consecutive 12 months period.

21-Nov-13 20-Nov-12 12 days of absence
21-Nov-12 20-Nov-11 26 days of absence
21-Nov-11 20-Nov-10 20 days of absence
21-Nov-10 20-Nov-09 12 days of absence
21-Nov-09 21-Nov-08 177 days of absence

do i need to take PEO appointment exactly on 21-Nov-13 or will it be ok to take appointment 28 days before 21-Nov-13?

I hope i am clear this time.

[Amber]

You can apply from 28 days before your 5 year qualifying period, put that start date of you application as 21 November 2008.

[rudra2varma]

You can apply from 28 days before your 5 year qualifying period, put that start date of you application as 21 November 2008.

Thank you very much Amber for your help. One last question please i promise.

I came to UK on OCT 2006 and gone back to India on 26th Jul 2008. I returned back on 17 May 2009 and since then living in uk. So, i actually have 7 years continuous period as below thanks to changed <180 days rule..

21-Nov-13 20-Nov-12 12 days of absence
21-Nov-12 20-Nov-11 26 days of absence
21-Nov-11 20-Nov-10 20 days of absence
21-Nov-10 20-Nov-09 12 days of absence
21-Nov-09 21-Nov-08 177 days of absence
21-Nov-08 21-Nov-2007 118 days of absence
20-Nov-2007 21-Nov-2006 0 days of absence

So, Could you please kindly advise me on what date i need to mention for below question?

6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

Once again thank you very much for your help till now.

[rudra2varma]

You can apply from 28 days before your 5 year qualifying period, put that start date of you application as 21 November 2008.

Thank you very much Amber for your help. One last question please i promise.

I came to UK on OCT 2006 and gone back to India on 26th Jul 2008. I returned back on 17 May 2009 and since then living in uk. So, i actually have 7 years continuous period as below thanks to changed <180 days rule..

21-Nov-13 20-Nov-12 12 days of absence
21-Nov-12 20-Nov-11 26 days of absence
21-Nov-11 20-Nov-10 20 days of absence
21-Nov-10 20-Nov-09 12 days of absence
21-Nov-09 21-Nov-08 177 days of absence
21-Nov-08 21-Nov-2007 118 days of absence
20-Nov-2007 21-Nov-2006 0 days of absence

So, Could you please kindly advise me on what date i need to mention for below question?

6.1 When did you (the main applicant) first enter the UK? This
refers to the date of your first entry into the UK at the beginning
of the period of stay on which this application is based.

Once again thank you very much for your help till now.

Dear Amber, Sorry to chase you. Could you please advise on above so that i can book appointment tonigh. Many thanks & regards

[Amber]

You can apply from 28 days before you have spent 5 years in a qualifying category and when your absences are <180 days per 12 month period. If that is now based on what you've wrote, there should be no issues applying before 28-Oct-2013.

[rudra2varma]

You can apply from 28 days before you have spent 5 years in a qualifying category and when your absences are <180 days per 12 month period. If that is now based on what you've wrote, there should be no issues applying before 28-Oct-2013.

Many thanks Amber.

[darkdaniel]

You can apply from 28 days before you have spent 5 years in a qualifying category and when your absences are <180 days per 12 month period. If that is now based on what you've wrote, there should be no issues applying before 28-Oct-2013.

Hello Amber

My wife is in Tier 2 InterCompany Dependent Visa (since March 2010). She has been away from UK for 3 month in the year 2010 and 3 month away from UK in 2013.

I would like to know if this 180 days applies per year when it come to Tier 2 dependents

You reponse will be very much appreciated. Thanks...

[Amber]

darkdaniel Please continue in your other thread

[Chittarout]

I have one question related to how the 180 days rule will be considered.


I am on a valid visa from April 2007, Howevere I moved to India for personal reson for a year beteen 19 Nov 2009- 30 Oct 2010. As I understand My ILR will eligibilty will start from Oct 2010 and I will be eligible in Oct 2015.

However one thought came to my mind , with the Current Rule we can be up-to 180 out of country for a claim period. Since I had a valid visa all through these years (April 2007- Oct 2008 On Work Permit, from Oct 2008 onward Tier1) ,

Is it possible, say I can choose the start of the claim period say July 2010 with 5 month absence for the Period like July2010-June2011.

Regards,
Chittaranjan

[rudra2varma]

I have one question related to how the 180 days rule will be considered.


I am on a valid visa from April 2007, Howevere I moved to India for personal reson for a year beteen 19 Nov 2009- 30 Oct 2010. As I understand My ILR will eligibilty will start from Oct 2010 and I will be eligible in Oct 2015.

However one thought came to my mind , with the Current Rule we can be up-to 180 out of country for a claim period. Since I had a valid visa all through these years (April 2007- Oct 2008 On Work Permit, from Oct 2008 onward Tier1) ,

Is it possible, say I can choose the start of the claim period say July 2010 with 5 month absence for the Period like July2010-June2011.

Regards,
Chittaranjan

It is possible. However i will let guru's confirm the same

[rudra2varma]

You can apply from 28 days before you have spent 5 years in a qualifying category and when your absences are <180 days per 12 month period. If that is now based on what you've wrote, there should be no issues applying before 28-Oct-2013.

Dear Amber, I booked my appointment on 25-Oct-2013. I hope everything will go fine

[Amber]

You should be ok providing you had valid PBS leave throughout.

[rudra2varma]

You should be ok providing you had valid PBS leave throughout.

I hope so. I have valid leave throughout 7 years. Only worry is everywhere i am seeing that five years continuous period needs to be counted backwards from date of ILR application. If CW calculates based on my date of ILR application (25-OCT-2013) then i will not be eligible. I hope CW will consider the leverage of 28 days before eligibility in this case.

Please don't take me wrong. I respect the knowledge and experience you have and thankful to your valuable suggestions.

[km77pk]

Hi guys,

Really thankful if you anyone please reply.

I came in UK under HSMP in Aug 2007, left UK in July 2008 and return in Jan 2008 (6 months) since then living in UK.

Under April 2013 changes I have following breakdown if I apply in Oct this year.

Oct 2013 - Oct 2012 --> 10 days absence
Oct 2012 - Oct 2011 --> 15 days absence
Oct 2011 - Oct 2010 --> 10 day absence
Oct 2010 - Oct 2009 --> 15 days absence
Oct 2009 - Oct 2008 --> 120 days absence

I was away less than 180 days per in year 2009 and 2008. But am I eligible for ILR as :

1) I was not in UK in Oct 2008 as I left from July 2008. Is this necessary?
2) Do I need to provide any proof of absence for first year as I was away for less than 180 days.

***I switched from HSMP to Tier - 1 General in 2009. ****

Please anyhelp me out, I was thinking to apply ILR early:

thanks
Khurram

[rudra2varma]

Hi guys,

Really thankful if you anyone please reply.

I came in UK under HSMP in Aug 2007, left UK in July 2008 and return in Jan 2008 (6 months) since then living in UK.

Under April 2013 changes I have following breakdown if I apply in Oct this year.

Oct 2013 - Oct 2012 --> 10 days absence
Oct 2012 - Oct 2011 --> 15 days absence
Oct 2011 - Oct 2010 --> 10 day absence
Oct 2010 - Oct 2009 --> 15 days absence
Oct 2009 - Oct 2008 --> 120 days absence

I was away less than 180 days per in year 2009 and 2008. But am I eligible for ILR as :

1) I was not in UK in Oct 2008 as I left from July 2008. Is this necessary?
2) Do I need to provide any proof of absence for first year as I was away for less than 180 days.

***I switched from HSMP to Tier - 1 General in 2009. ****

Please anyhelp me out, I was thinking to apply ILR early:

thanks
Khurram

I am exactly in the same situation and I am applying for ILR this October. It's been told that it should be ok

[km77pk]

Did u already book an appointment? Who confirmed that it should be ok as i was out not for a project or assignmet... Thanks